Opinion

Haywood v. Poole

Court
District Court, W.D. Arkansas
Filed
Dec 7, 2023
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

JUSTIN RICHARD HAYWOOD PLAINTIFF

v. Case No. 4:23-cv-4096

DETECTIVE JEREMY POOLE;

SGT. TONY HANNING; and

SERGEANT ELEELY DEFENDANTS

ORDER

Currently before the Court is Plaintiff Justin Richard Haywood’s failure to comply with

Orders of the Court and to prosecute this matter. Plaintiff submitted this 42 U.S.C. § 1983 action

pro se on October 10, 2023. ECF No. 1. Plaintiff submitted an Application to Proceed in forma

paupris (“IFP”) with his Complaint. ECF No. 2. That Application did not include the required

Certificate of inmate account. Accordingly, the Court provisionally filed Plaintiff’s Complaint

and ordered Plaintiff to submit a completed IFP application containing a Certificate of inmate

account by October 31, 2023. ECF No. 3.

On October 31, 2023, Plaintiff filed a second IFP Application. ECF No. 5. However, he

again failed to attach a Certificate of inmate account with the Application. On November 1, 2023,

the Court entered an Order to Show Cause as to why Plaintiff failed to attach the Certificate of

inmate account. ECF No. 6. Plaintiff was directed to respond by November 22, 2023. This Order

to Show Cause was not returned as undeliverable mail. To date, Plaintiff has not responded.

Although pro se pleadings are to be construed liberally, a pro se litigant is not excused

from complying with substantive and procedural law. Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir.

1984). The Local Rules state in pertinent part:

It is the duty of any party not represented by counsel to promptly notify the Clerk

and the other parties to the proceedings of any change in his or her address, to

monitor the progress of the case, and to prosecute or defend the action diligently.

. . . If any communication from the Court to a pro se plaintiff is not responded to

within thirty (30) days, the case may be dismissed without prejudice. Any party

proceeding pro se shall be expected to be familiar with and follow the Federal

Rules of Civil Procedure.

Local Rule 5.5(c)(2). Additionally, the Federal Rules of Civil Procedure specifically contemplate

dismissal of a case on the grounds that the plaintiff failed to prosecute or failed to comply with

orders of the court. Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)

(stating the district court possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant

to Rule 41(b), a district court has the power to dismiss an action based on “the plaintiff's failure to

comply with any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (emphasis

added).

Plaintiff has failed to prosecute this case and comply with the Court’s Orders by failing to

submit a complete IFP Application. Therefore, pursuant to Federal Rule of Civil Procedure 41(b)

and Local Rule 5.5(c)(2), the Court finds that this case should be dismissed. Accordingly,

Plaintiff’s Complaint (ECF No. 1) is hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED, this 7th day of December 2023.

/s/ Susan O. Hickey

Susan O. Hickey

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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